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Contracts
Breach of Contract
Construction Defects

Jenna Lim v. Hyun Koo Kim dba HK Painting & Construction Company

Published: Sep. 30, 2006 | Result Date: Mar. 3, 2006 | Filing Date: Jan. 1, 1900 |

Case number: CIV446665 Verdict –  $26,711

Court

San Mateo Superior


Attorneys

Plaintiff

Kim O. Dincel

Chip B. Cox
(Greenan, Peffer, Sallander & Lally LLP)


Defendant

Brian H. Song


Facts

In December 2004, plaintiff Jenna Lim entered into a contract with defendant HK Painting & Construction Co. to remodel her home. After some work had been performed on the plaintiff's home, she discharged defendant from the remodeling project. She claimed that the defendant was negligent, which caused damages resulting in additional repairs and expenses. The plaintiff also alleged breach of contract and implied warranty, and sought the return of funds paid.

The defendant cross-complained, claiming breach of contract, foreclosure on mechanic's lien and quantum meruit.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant worked on the home for almost three months and was constantly failing building inspections. Further, defendant caused serious damage to plaintiff's home. As a result, additional repairs and expenses were necessary.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff failed to make the scheduled payments. Further, its work met all inspection requirements.

Damages

The plaintiff sought a minimum of $130,000.

Result

The judgment was for $26,711. In regard to defendant's cross-complaint for quantum meruit and foreclosure of a mechanic's lien, judgment was for cross-defendant.

Length

five days.


#99799

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